PROJECT EXTRA MILE v. LIQUOR CONTROL COM'N

No. S-11-157.

810 N.W.2d 149 (2012)

283 Neb. 379

PROJECT EXTRA MILE et al., appellees, v. NEBRASKA LIQUOR CONTROL COMMISSION and Hobert Rupe, its executive director, appellants.

Supreme Court of Nebraska.

March 2, 2012.


Attorney(s) appearing for the Case

Jon Bruning , Attorney General, and Milissa Johnson-Wiles , Lincoln, for appellants.

Vincent M. Powers , Lincoln, and Amanda M. Lightner , Senior Certified Law Student, of Vincent M. Powers & Associates, for appellees.

Marc E. Sorini and Jeffrey W. Mikoni , of McDermott, Will & Emery, L.L.P., and James P. Fitzgerald , of McGrath, North, Mullin & Kratz, P.C., L.L.O., Omaha, for amicus curiae Flavored Malt Beverages Coalition.

HEAVICAN, C.J., CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.


CONNOLLY, J.

I. SUMMARY

We are asked to decide whether a flavored malt beverage is a beer or spirit under the Nebraska Liquor Control Act.1 It makes a difference. Beer is taxed at 31 cents per gallon; spirits are taxed at $3.75 per gallon. The question presented is not whether the Legislature could classify and tax beverages containing distilled alcohol as beer. It could. The question...

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